SOBRE LA ANOTACIÓN PREVENTIVA DE DEMANDA DE NULIDAD DE LA HIPOTECA.

Abstract

The paper examines article 131 of the Spanish Mortgage Act, which calls for the cancellation of caveats of claims of mortgage nullity when they postdate the marginal note recording issuance of lien certification in the foreclosure process. Against some opinions to the contrary, it is maintained that, when such a caveat predates the marginal note in question, it should not be cancelled when the foreclosure procedure ends with the award or successful auction of the property. Moreover, it is even suggested that in some cases the caveat of claim of nullity should not be cancelled even if it postdates the marginal note of issuance of certification.